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HomeMy WebLinkAbout04-5931 William A. Nieves, Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. Defendant CIVIL ACTION - LAW NO. (;'1.., ':;'1$/ CIVIL TERM IN DIVORCE Pamela J. Nieves, You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. . Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. William A. Nieves, Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. Defendant CIVIL ACTION - LAW NO. CIVIL TERM IN DIVORCE Pamela J. Nieves, COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is William A. Nieves, Jr., an adult individual, who resides at 2115 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Pamela J. Nieves, an adult individual, who resides at 14 Bentley Place, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on October 11, 1996 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: , -{G/b~( Mark F. Bayley, Esquire 155 S. Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court LD. # 87663 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. g4904, relating to unsworn falsification to authorities. Date: /I-O?y-() V a/fl/1.d~ :/' William A. Nieves, Jr., Plai~ ~~ ~ \ ...J J ~ () ~ ~ tJ\ L.S J\ o C -t';[) f1"1 (l I -7 ~", ' 'Z} \.;;: r~t'..> );; ., :?: ( . <~" ("~ J>C: ~ ~ -- ~ \) 4.;, (j' r--;l = ~ ;%: o -<::. C'-) ..s::- o -n --I ::r:..,.. n1 c:- -nm ~:bt (':) :-:~-?i ?--, ::l2 ~)" (') .-- r11 9 1i -< -0 :J';: .r:- c::> \JJ William A. Nieves, Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Defendant CIVIL ACTION - LAW NO. 04-5931 CIVIL TERM IN DIVORCE Pamela J. Nieves, PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: I. Grounds for divorce: irretrievable breakdown under S 330 I (c) of the Divorce Code. 2. Date and manner of service of the Complaint: November 30, 2004 was served on Defendant by First Class Mail, Certified, and Return Receipt Requested and signed for on December 4,2004. (attached as Exhibit "A") 3. Date of execution of the affidavit of consent required by S DOl (c) or The Divorce Code: by the Plaintiff April 4, 2005; by the Defendant April I, 2005. 4. Related claims pending: None 5. Date Plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: on April 7, 2005; copy of which is attached. Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with the Date: April 8, 2005 Prothonotary: on April 7, 2005; a copy of which is attached. 1~ Mark F. Bayley, ~ Rominger, Bayle Whare 155 S. Hanover Street Carlisle, P A 17013 717) 241-6070 Supreme Court I.D. # 87663 Attorney for Plaintiff n c -<. w ", C::.::l CJ <~ o Tl """;,.,,, =-.:! ::0 1'_' ?;7"' -"" William A. Nieves, Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Defendant CIVIL ACTION - LAW NO. 04-5931 CIVIL TERM IN DIVORCE Pamela J. Nieves, CERTIFICATE OF SERVICE SENDER COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: A. Signature L. ~ ~n( .u C. Oate01 Delivery ! (j-l.{..cy DYes o No r'::tlJy-:..V 2. ,)~J ,'Ll..UG.) / <! I.!y..../)-t ,L';)- fl CI'..C (I.9'/')L6 V.. -Il I ~\ 0' ) 3. Service Type f;itCertified Mail 0 Express Mail b Registered j3'Retum Receipt for Merchandise o Insured Mail 0 C.O.D. 4. . Restricted Delivery? (Extra Fee) Ql.Yes 2. Article Number {Transfer from servlce/sbeO PS Fo'm 3811 , February 2004 7004 1350 0003 7142 51~6 Domestic Return Receipt 10259S..Q2-M.!540 Exhibit "A" ,_<I (,-, l:;:;' (.:...n '-- ~- -n Q s~,;. -c~\l 1"1""'\'1 ;::-,i ;:,) Gr., , 1" 1':'- ~1(~3 )-;;>-c: ~ t....~. _.,------ - William A. Nieves, Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Defendant CIVIL ACTION - LAW NO. 04-5931 CIVIL TERM IN DIVORCE Pamela J. Nieves, AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on November 24, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. S4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITiES. fJfRli ~I ,;JfJOS-- Date ---- ~:? 'c:? 'if' .- ~ ~ ~ Q, ~-<' ~-\~, .':0 '-{ .;....) () '-:;'~_r::}) y~~~(\ .;~-~ ~7 <l'~l. ~x. ~ .' ~ ---- William A. Nieves, Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Defendant CIVIL ACTION - LAW NO. 04-5931 CIVIL TERM IN DIVORCE Pamela J. Nieves, WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301~ OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. /i,lkll c;/l/f ~S- Date C1 c: ~ ~\ .....". "" :::V :..' -:.. -:;:,;" 'S .' Q'\ ~,1- ~\ \'\' E;i ~9)'s' ~;:1~\ ~-S ..-L:. o cP .- William A. Nieves, Jr., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Defendant CIVIL ACTION - LAW NO. 04-5931 CIVIL TERM IN DIVORCE Pamela J. Nieves, AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on November 24, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. ~4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. G1P/71'/)U )' ~ (] \::- ~ ~ ~ ?-' ~ q, ~~~\ -O\::J -0, ,--"l ('..~ '.---~i.~5~\ t;~r~:}) ~~ -:;?:. ..-c 5 ~ U' ($' ..--"'.~.~-- William A. Nieves, Jr., : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. Defendant CIVIL ACTION - LAW NO. 04.5931 CIVIL TERM IN DIVORCE Pamela J. Nieves, WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me Immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. S4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES / '. '. ~ (~- )/lj/ ) C j Dater ) ..~ " ~... -- ame;a~. Ni~ve's , I I. x:? \,. .-' rg c,.;.' .~ --;.~~ ~ ..-\ --C--'i"\ 'fl"r":':: :9,1) ~~.\ t) ;.t~~, ~~~- \ -' ....~..~ ~:: l"';? r~<' .u "...::. ,(\ ::..> --' KATHLEEN A. ROTH Plaintiff IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 04-6444 SCOTT A. ROTH Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 330 1 (c) of tbe Divorce Code was filed on December 22, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. DATE: 7' - 1- {?,j,-- ,.{ /' ,-r;.--(, a,,-~ / ' I (' '---_ ,~ KjTHLEEN A. ROTH, Plain 1 \ / / ) --.--7'./ t'- '____. (") ~~;,:" ",' [ ....' <=> (:;;.:;> "-,, "" --0 :;to I -' <- :;! -J ::r.: :::> "1'1 ..... 'X-n l1'r -Or1"1 "OC( S~l~:}t L .'~l OCc) 7{;I:'-rl :::::! .:;:- ., . .~c>'" ':f]. .'~ !'oJ - KATHLEEN A. ROTH Plaintiff IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 04-6444 SCOTT A. ROTH Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may loose rights concerning alimony, division of property, lawyers fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. !l4904 relating to unsworn falsification to authorities. DATE: t-f - / - () ~- )f:~ i~:" fl~-;::~)'Z___ \~'LEEN A. ROTH, PI"'"'; ....' = ~;;) '" ~ ~" I --..J ~- - .- -,"' ~ :t-n il1r::; ~nl_, -.n\)- C)IC) ~. .', 1 1.-'1; -~i?F~ OJ >~~\ ~:1 N ....::,. KATHLEEN A. ROTH Plaintiff IN THE COURT OF COMMON PI.EAS CUMBERALND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 04-6444 SCOTT A. ROTH Defendant IN DIVORCE AFFIDAVIT OF CONSENT I. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on December 22, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. DATE: +/; ) OS- I I s ~. . /) .~. .. __~,/@~:- SCOTT A. ROTH, Defendant t-' = c.;,:.:;.:) <on ~; zil .-1 or: f11;::2 en "'y ~~~,~ (:) ~:~j 3 .:.-:;r\1 .~' ;~', -.,.,. ~i:J :_< "" ..." ;xl I ....J ;2 r::- ., f'.) KATHLEEN A. ROTH Plaintiff IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 04-6444 SCOTT A. ROTH Defendant IN DIVORCE WAIVER OF'NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330](c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may loose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I veri fy that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. DATE: +~ IDS- ( ( s- '~~ . ~~!::d. SCOTT A. RO , efendant (") c ,...., C'> o:..~~ <J> ~ -,.) o -n .-t X" n1p -iJi"!.' -"q ()C) ::~::J1 i.: fA ,_.J -, ,- ::.0 .< ;;;0 I -' -'t7 .c- r..,) KATHLEEN A. ROTH Plaintiff IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW : NO. 01.( - (..4 4 ~ CIVIL TERM : IN DIVORCE SCOTT A. ROTH Defendant ATTORNEY'S ACCEPTANCE OF SERVICE I, Dawn S. Sunday, Esquire, attorney for Defendant, Scott A. Roth, in the above- captioned action, hereby accept service of the Notice to Defend and Claim Rights, Notice of Availability of Counseling, and Complaint in Divorce in the above-captioned action on the dd"d day of t:l..L~ ,2004 on Defendant's behalf and hereby acknowledge that I am authorized to do so. cG,~. ~ Dawn S. Sunday, Esquire Attorney ID.# <./ / 9 . r 'I 39 West Main Street Mechanicsburg, P A 17055 ,-" 0 co'" ~,::';':' -n cJ' ::0 jl ;:0 tL'P -0 ft\ t :00 -' O~- .:-i --> --0 :(;~}? ::;:- :~ {'o.> ?:G' - --<.. I: MARIT AL SETTLEMENT AGREEMENT BY AND BETWEEN SCOTT A. ROTH AND KATHLEEN A. ROTH Dawn S. Sunday, Esquire 39 West Main Street - Suite #1 Mechanicsburg, P A 17055-6230 Telephone: (717) 766.9622 Counsel for: Scott A. Roth Valerie J. Faden, Esquire 2807 Market Street Camp Hill, P A 17011 Telephone: (717) 920-9460 Counsel for: Kathleen A. Roth I: MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this 2/"'T day of Dece.mbx", 2004, by and between KATHLEEN A. ROTH, of Harrisburg, Pennsylvania (hereinafter referred to as "WIFE"), and SCOTT A. ROTH, of Mechanics burg, Pennsylvania (hereinafter referred to as "HUSBAND"), WITNESSETH: WHEREAS, the parties are Husband and Wife, having been married on September 25, 1976 in Harrisburg, Pennsylvania; WHEREAS, the parties are initiating divorce proceedings to terminate their marriage and have entered into an agreement to resolve the divorce related issues through the collaborative law process, and WHEREAS, Wife and Husband desiTe to settle fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, the parties, intending to be legally bound, agree as follows: 1. ADVICE OF COUNSEL: Both parties agree and acknowledge that they have had ample and sufficient time to carefully and fully review the terms and provisions of this Agreement. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Wife has obtained legal advice and representation from Valerie J. Faden, Esquire. Husband has obtained legal advice and representation from Dawn S. Sunday, Esquire. Both parties agree and acknowledge that they fully understand the facts upon which this Agreement is based, that they believe this Agreement to be fair and equitable under the circumstances, that this Agreement is being entered into freely and voluntarily by each of them, and that the execution of this Agreement is not the result of any duress, undue influence, collusion OT improper or illegal Agreement or Agreements. 2. DISCLOSURE OF ASSETS: The parties warrant that they have given a full, complete and accurate disclosure of all assets, of any nature, whether or not the assets were held jointly or in one name alone. The remedies available to either party for violation of this provision shall be those remedies available pursuant to law and equity including the right to punitive and compensatory damages. 3. PERSONAL RIGHTS: Wife and Husband may and shall, at all times heTeafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indiTect, by the otheT. Each may reside at such place or places as she or he may select. Each may, for her or his sepaTate use or benefit, conduct, carryon or engage in any business, occupation, profession or employment which to her or him may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. EQUITABLE DISTRIBUTION: A. Real Estate (1). Marital Residence: The parties acknowledge that during their marriage they held, as tenants by the entireties, the fee simple interest in the marital residence located at 5500 Bearcrcek Drive, Mechanicsburg, Cumberland County, Pennsylvania. Wife shall transfer all her right, title and interest in the marital residence to Husband as his sole property which has been appraised at a value of$191,000.00. (2). Husband shall proceed to settlement on the refinancing on the marital residence which he is obtaining, in his sole name, through Equity One. The first mortgage through Wells Fargo Mortgage Company in the approximate amount of$157,581.00 and the home equity loan in the approximate amount of $19,628.00 shall be paid through the refinancing. On or before the time of closing on the refinancing, Wife shall transfer her interest in the residence by Deed, prepared by Husband's attorney, to Husband's sole name. (3) Prior to settlement on the refinancing and continuing thereafter, Husband shall be solely responsible for payment of all expenses in connection with the marital residence, including the existing mortgage, home equity loan and taxes. .' B. Household and Personal Property (I). The parties agree that with the exception of the items listed below, their household and personal property has been divided to their mutual satisfaction. Each party specifically waives, releases, renounces and forever abandons whatever claim she or he may have with respect to all household and personal property in the possession of the other which shall become the sole and separate property of the other from the day of the execution of this Agreement. Husband shall retain the household and personal property currently in the marital residence with the exception of the antique dry sink, antique desk, child's antique rocking chair, adult antique rocking chair, stained glass panel, corner hutch, blue hutch and dining room suite, which Wife shall remove from the marital residence and retain as her separate property. C. Motor Vehicles (1). The parties agree that Wife shall retain possession of and receive as her sole and separate property the 2000 BMW (purchased after separation) which she drives, along with all rights under any insurance policy thereon. Wife shall assume total responsibility for payment of any loans or insurance premiums associated with the vehicle. (2). The parties agree that Husband shall retain possession of and receive as his sole and separate property the 1986 Porsche and the 2003 BMW (on lease), which he drives along with all rights under any insurance policies thereon. Husband shall assume total responsibility for payment of any loans, insurance premiums or rental fees associated with the vehicles. D. Pensions and Retirement Benefits (I). Husband shall retain as his sole and separate property, free from any right, title, claim or interest of Wife, Husband's Morgan Stanley IRA (approximate value $14,099.00), Husband's Fidelity IRA (approximate value $12,453.00), Husband's Mass Mutual 401(k) Plan (approximate value $19.00), and Husband's State Employee's Retirement System (SERS) benefits ( current monthly annuity of $132.92). (2). Wife shall retain as her sole and separate property, free from any right, title, claim or interest of Husband, Wife's Vanguard IRA (approximate value $54,150.00), Wife's School Claims Services 401(k) Retirement Plan (approximate value $6,851.00), and Wife's Diocese of Harrisburg Monthly Retirement (approximate anticipated benefit $309.85 per month). E. Business Interests The parties agree that Husband will take all necessary steps to close out the EIN Registration in connection with Roth.Klein Enterprises. Wife waives any claim, interest or right in Roth.Klein Enterprises or SAR-Tech.com which she may have and Husband assumes all obligations/liabilities in connection with either business interest. 5. CHILDREN'S EXPENSES: A. Educational Expenses The parties agree to cooperate in paying educational expenses for their children, Shannon and Brent, through either student loans or personal loans in the event funds become unavailable from Wife's mother. B. MedicallDental Expenses The parties agree that Husband shall maintain medical and dental coverage to the extent of current coverage for the Children and Wife shall maintain dental coverage to the extent of current coverage for the Children so long as the Children are still in school. C. Cell Phone Expenses The parties agree that Wife shall be responsible for payment of Shannon's cell phone expenses and Husband shall be responsible for Brent's cell phone expenses so long as the children are students. At such time as only one child remains in school, the parties shall equally share the cell phone expenses for the student child. 6. DISTRIBUTION OF LIABILITIES: A. Credit Cards The parties acknowledge that Husband has paid approximately $47,000.00 on credit card debt through a debt management .. program for expenses incurred during the parties' marriage. The parties agree that Husband shall continue to assume responsibility for payment of the remaining balance on the Discover credit card (approximate balance $2,000.00), the PSECU Visa card and Capital One MasterCard. Wife shall assume responsibility for payment of all credit card debt on accounts in Wife's sole name. B. Ongoing Liabilities Each party shall assume the debts, encumbrances, taxes, and liens on all the property he or she will hold subsequent to the execution date of this Agreement. C. Past/Future Liabilities Each party represents and warrants to the other that she or he has not incurred and will not at anytime in the future incur, any debt, obligation, or other liability on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or incurs it, and that party agrees to pay it, and to indemnify and hold the other party and her or his property harmless from any and all such debts, obligations and liabilities. D. Miscellaneous Propertv Any and all property not specifically addressed in this Agreement shall be hereafter owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to transfer any and all rights of such property from one party to the other. E. Indemnification of Wife If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. F. Indemnification of Husband If any claim, action or proceeding is heTeafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. 7. SPOUSAL SUPPORT/TEMPORARY ALIMONY/ALIMONY: Both parties waive any right or claim they may have against the other for alimony, temporary alimony and spousal support. 8. TAXES: A. Prior Tax Years The parties warrant that they have paid all taxes on prior returns through the calendar year ending December 31, 2003; that they do not owe any interest or penalties thereon; and that no tax deficiency proceeding or audit is pending or notice thereof received. Husband shall give Wife notice of any deficiency assessment and Wife shall give Husband notice of any deficiency assessment of which they individually or collectively become aware. The parties agree that should it ultimately be determined that any deficiency and/or penalty exists with respect to any jointly filed returns, the party responsible for the erroneous preparation and/or non-disclosure of information which has resulted in the deficiency and/or penalty, shall be solely responsible for the payment of the amount ultimately determined to be due, together with interest, as well as expenses that may be incurred to contest the assessment. If deficiencies or penalties become due as a result of individually filed returns, the party who filed the return shall be solely responsible for all sums due, and shall indemnify and hold harmless the other party for any payment thereon. B. Current Tax YeaT The parties agree to cooperate in filing j oint tax returns for the 2004 tax year and to divide any refund equally after allocating any refund due to Husband's inheritance expenses to Husband. 9. MUTUAL COOPERATION: Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with this provision, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 10. WAIVER OF INHERITANCE RIGHTS: Unless otherwise specifically provided in this Agreement, effective upon the execution date, Wife and Husband waive all rights of inheritance in the estate of the other, any right to elect to take against the Will or any trust of the other or in which the other has an interest. Each party waives any additional rights which that party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 11. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party specifically waives all beneficiary rights in and to any asset, benefit or like pTogram carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, and each party expressly states that it is her and his intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. Ifthe other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. However, in the event that either party specifically designates the other party as a beneficiary after the date of execution of this Agreement, then this waiver provision shall not bar that party from qualifying as such beneficiaTY. 12. RELEASE OF CLAIMS: Wife and Husband agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to the Pennsylvania Divorce Code, and Wife and Husband waive any . The right to have the Court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Court determines to be marital . The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, or any possible claims not addressed in this Agreement 14. PRESERVATION OF RECORDS: Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estatc, and each party will allow the other party access to those records in the event of tax audits. 15. SEVERABILITY: If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions shall nevertheless survive and continue in full force and effect without bcing impaired or invalidated in any way. 16. MODIFICATION / BREACH: No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties. If either party breaches any provision of this Agreement, the other party shall have the right, to sue for damages for such breach, or seek such other remedies or relief as may be available to her or him. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 17. WAIVER OF BREACH: The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach of any provision of this Agreement. . 18. APPLICABLE LAW: All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 19. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 20. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms unless made in writing by the parties. 21. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 22. AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties and their respective heiTs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 23. ENTIRE AGREEMENT: Each party acknowledges that she or he has carefully read this Agreement, that she or he has discussed its provisions with an attorney of her or his own choice and has executed it voluntarily. This instrument expresses the entire agreement between the parties concerning the subjects it purports to . . cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 24. AGREEMENT TO BE INCORPORATED BUT NOT MERGED: This Agreement shall be incorporated in a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Pennsylvania Divorce Code, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 25. COLLABORATIVE LAW PROCESS: The parties acknowledge that the provisions of this Agreement were established through the collaborative law process and that this process best serves the parties' long term goals, which require continued cooperation, communication and civility. Therefore, the parties agree that any issues which may arise concerning subjects covered by this Agreement, including modification and/or breach, shall be addressed through the collaborative process (pursuant to the parties' October 26, 2004 Collaborative Law Participation AgTeement) if the parties aTe unable to resolve the issues independently. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. 1 // /..... /"/ _/ /- - ___n !.;,~-;:--; ~('< . , , ,', .' _...// i<::~':'L .~ .. \ KA~HLEEN A. ROTH, Wi' ~. ' / i~/, ~' .fit/J cJttt! . ~ ~ SCOTT A. ROTH Husband < COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUI'Y\~~ BEFORE ME, the undersigned authority, on this day personally appeared KATHLEEN A. ROTH, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this d I ff- day of TJ.f' { . ..,..~ ,2004. COMMONWEALTH OF PENNSYLVANIA (Q,-.~~, Notary PeBMfi,ONWEALTH OF PENN?_':l VANIA Ndtarial Sea! Dawn S, Sunday. Notary Pubiic Mectlanicsburg Boro, Cumber\af'o County My Cornn'liSSiOn Expires i,)c.\, 2.008 Member, Pennsylvania AssoCi,~~ior~"\Jj Notaries ss. COUNTY OF CCi mW runD BEFORE ME, the undersigned authority, on this day personally appeared SCOTT A. ROTH, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. '" GIVEN UNDER MY HAND AND SEAL OF OFFICE this (~I" Dc e.e f'h../x V ,2004. day of v{a~~--. Notary Public ! . NOTARIAL SEAL , ; VALERIE J. FADEN, Notary Public , ~amp HHI, Cumbe"and County .. _~~nmIGGIOn Exp!:.:s Ap,jj 26, 2007 ---- ,. C) ) '::~ ~~:., '-" ;p- -0 () on .-4 :r:"'11 fn~:-~ -" 1'..) --C) r:...) ~.,) "" C;J ~< ... KATHLEEN A. ROTH Plaintiff IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 04-6444 SCOTT A. ROTH Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: I. Grounds for divorce: irretrievable breakdown under Section 330 I (c) of the Divorce Code. 2. Date and manner of service of Complaint: Complaint Filed on December 22, 2004; Attorney's Acceptance of Service signed on December 22,2004. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: April I ,2005; by Defendant: April I, 2005. 4. Related claims pending: NONE. The terms of the Marital Settlement Agreement dated December 21, 2004 are incorporated but not merged into this Decree in Divorce. 5. Date Plaintiffs and Defendant's Waivers of Notice were filed with the Prothonotary: April 7, 2005. DATE: April-'-L., 2005 Valerie J. Fad , J.D. # 87442 2807 Market St. Camp Hill, PA 17011 (717) 920-9460 Attorney for Plaintiff () ...~ () c"::> S"~~ ~':;:"l -n ...~..n -- :~ :-:J -0 f';, ...."J N (,. c ~) .<.".., v) ~"'''I -' _! ~~~++++++++++~+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++~ . . . . . . . + + + + + + + + + + . + + + + + + + + . + + + + . + + + + + + + + . + + + . . + + + . + + + + + . . + + + + + + + + + + . + + . . + + + + + + + + + + + + + + + + + . + + + + + . . + + + + . + + + + + 'I-: + 'I-: + . . . . + . + + . + + + + + + . + + . . + . + + + + + . . + + + + + + + . . + + + . + + + . . + + + + + + + + + + . + + + + + + + + . + . . + + . . . + + + + . . + + + . + . + . + . . + + . + . . + + + . '1-:++'1-:+++++'1-:++++'1-:+++++++++++++++++++'1-:++++'1-:+'1-:+++++'1-:++++'1-:++++'I-:+'I-:'I-:++++~ IN THE COURT OF COMMON PLEAS STATE OF w; 11 ;;:am II N;p'\7pc::. . Plaintiff VERSUS P;:amp1;:a .1 N;p\TPc::. Defendant AND NOW, DECREED THAT AND OFCUMBERLANDCOUNTY PEN NA. ,Tr No. 5931 04 DECREE IN DIVORCE &AI("~? G..M JofJS, IT IS ORDERED AND ~ 17 William A. Nieves. , PLAINTIFF, Jr. Pamela A. Nieves , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT + +. None ATTEST: . PROTHONOTARY J. ,~ :z 1r~ ~v ~9 ~'o/"'~ 4/,;z7 . . i'~-";I/ ('>c :Jt' /, .' - /./, f/' I \,. . -;<'9 j/' ,7("; .. .